Single judge allowed an application filed by original accused persons seeking suspension of substantive sentence imposed by Sessions Court pending the period of appeal.
Applicants shall be released on bail on executing PR bond of Rs.20,000/- each and one surety in like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
( 1 ) cria1457.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 1457 OF 2014 IN
CRIMINAL APPEAL NO. 166 OF 2014
1. Shama Bhagwan Waghode .. Applicants Age. 30 years, Occ. Labour,
2. Vinod Ashok Bhil Age. 26 years, Occ. Labour,
Both R/o. Piloda, Tq. Yawal,
Dist. Jalgaon.
Versus
The State of Maharashtra
..Respondent
Mr. B.S. Deshmukh, Advocate for the applicants.
Mr. S.M. Jadhav, A.P.P. for respondent/State.
CORAM : P.N. DESHMUKH,J.
DATED :25.03.2014
P.C. :-
1.Heard. This is an application preferred by the
applicants/original accused for suspension of substantive
sentence of imprisonment imposed against them by the
learned Sessions Court by its judgment dated 04.02.2014,
for the offence punishable u/s 451 of I.P.C., sentencing
the applicants to suffer rigorous imprisonment for six
months and to pay fine of Rs. 1000/- each and sentencing
the applicants for the offences punishable u/s 325 of
I.P.C. imposing sentence of two years and three years to
applicant Nos. 1 & 2 respectively and to pay fine of Rs.
4000/- each, in default, simple imprisonment for two
months.
2.Perused the record, it appears that the
conviction is based on the evidence of witnesses who
apparently are relations of the complainant. P.W.3-
Sakhubai is wife of P.W.6-Sukhdeo, while P.W.4-Kamal is
daughter-in-law of Sakhubai and P.W.5-Kedar is grand-son.
The evidence of eye witnesses prima facie reveals to be
not consistent to each other. In view of this fact, and
considering that short sentence is imposed upon the
applicants, same is liable to be suspended pending the
appeal. Even otherwise the sentence imposed on the
applicants was suspended by Trial Court, till appeal
period.
3.The application, is therefore, allowed. The
applicants shall be released on bail on their executing
P.R. bond of Rs.20,000/- (Rupees Twenty Thousand) each
and one surety in like amount each. Bail before the
Trial Court. The Criminal Application stands disposed
of.
4.Learned A.P.P. accepts notice of appeal for the
respondent. Criminal Appeal No. 166 of 2014 be shown on
admission Board.
snk /2014/MAR14/cria1457.14
1 issue framed by the court
Whether the application for suspension of substantive sentence of imprisonment pending appeal is Maintainable.
1 provisions across 1 enactments
Shama Bhagwan Waghode and Anr.
The State of Maharashtra
P.N. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court